A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On September 18, 2015, around 00:15, the Defendant got off the D Center located in Daegu Northern-gu C, and the victim E (the victim E (the victim 49 years old) who was a substitute engineer, when he was on two times the part of the victim's right lives.

As a result, the Defendant assaulted the victim who is a driver of a vehicle in operation, resulting in an influence of the victim for about 12 days in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;

2. The scope of the recommended punishment on the sentencing guidelines [the type of determination] to be mitigated [the person who is in charge of special sentencing] Class 4 (the person who is in charge of causing violence to the driver]: Minor injury, the person who is not in charge of punishment [the scope of the recommended punishment]; the principal reasons for the mitigation of punishment [the scope of the punishment] are five months to two years (the area of special mitigation]. The main reasons for the suspension of execution are positive injury, the person who is in charge of minor injury, the person who is in charge of special mitigation of punishment is minor: negative - the person who is a victim of a motor vehicle

3. The lower limit of the range of sentence for which the sentencing criteria by the applicable sentencing range is recommended by the applicable sentencing range in the law is lower than the lower limit of the applicable sentencing range in the law, so the lower limit of the sentencing shall be set by the law lower limit of the applicable sentencing range (one year and six months of imprisonment).

4. Determination of sentence: One and half years of imprisonment with prison labor, or two years of suspended sentence, and the liability for the crime of this case resulting from assault and injury to a victim on driving without any particular reason under the influence of alcohol is not provided, but it is a contingent crime and the degree of injury.